Shepherd, R.E. v. Griffiths, I.M. & Anor [1985] FCA 555

Shepherd, R.E. v. Griffiths, I.M. & Anor [1985] FCA 555

The circumstances—that the applicant acted on behalf of the community, that the second-named respondent did not invoke the civil jurisdiction, and that the submissions made were not unreasonable—militate against awarding costs against the accused; therefore, there shall be no order as to costs.

Parties
Applicant: Robert Edmund Shepherd; First Respondent: Ian Michael Griffiths; Second Respondent: Lois Norma Jones
Jurisdiction
Australia
Judgment Date
31 October 1985
Procedural Posture
Application for an Order of Review / Costs Determination Following Judgment
Outcome
No order as to costs
Legal Topics
Committal Proceedings, Costs Discretion, Construction of Statutory Provisions
Judicial Review Criminal Law Administrative Law Committal Proceedings Costs Discretion Construction of Statutory Provisions

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Parties

Robert Edmund Shepherd

Applicant

Ian Michael Griffiths

First Respondent

Lois Norma Jones

Second Respondent

Procedural Posture

Application for an Order of Review / Costs Determination Following Judgment

Legal Issues

  1. 1 Whether the applicant should be awarded costs against the second-named respondent in judicial review proceedings arising out of committal proceedings
  2. 2 What considerations guide the exercise of the discretion to award costs in this context

Ratio Decidendi

The circumstances—that the applicant acted on behalf of the community, that the second-named respondent did not invoke the civil jurisdiction, and that the submissions made were not unreasonable—militate against awarding costs against the accused; therefore, there shall be no order as to costs.

Court Disposition

No order as to costs

Orders

  • There will be no order as to costs.